In Vietnam, cadres, public officials, and public employees sent for training and develop their skills is an important part of the government’s efforts to improve the quality of public services. There are certain conditions that must be met before a cadre, public official, or public employee can be sent for training. In this article, LSX legal firm would like to inform you with: “Conditions for Vietnamese Civil servant to be sent for training”
Legal grounds
- Law on Cadres and Civil Servants consolidated
- Decree 111/2017/ND-CP
- Law on Public Employee consolidated
- Circular 19/2014/TT-BNV
Regime of training of Public Employee
Training and retraining shall be provided for public employees before appointment to managerial posts or change of professional titles or in order to supplement and update knowledge and skills necessary for professional activities.
The contents, program, forms, and durations of training and retraining public employees must be based on criteria of managerial posts, professional titles, and requirements of supplementing and updating knowledge and skills necessary for professional activities.
Forms of training and retraining
According to Clause 3, Article 33 of the Law on Public Employee consolidated, there are 3 forms of training and retraining:
- Training and retraining based on criteria of managerial posts.
- Retraining according to professional title standards.
- Retraining to supplement and update knowledge and skills necessary for professional activities.
Responsibilities and benefits of public employees in training and retraining
The law on Public Employee 2010, amended 2019 provides Public Employees with the following responsibilities and benefits:
- Public employees attending training and retraining shall strictly observe training and retraining regulations and submit to the management of training and retraining institutions.
- Public employees attending training and retraining are entitled to salaries and allowances in accordance with the law and regulations of public non-business units; the training and retraining durations may be included in the continuous working period considered for salary raise.
Conditions for public employees to be sent for post-graduate training
- Ensure that the working time of public employees after graduating from the training program is at least 2 (two) times the training time.
- Having the commitment to perform tasks and professional activities at a public non-business unit after completing the training program for at least 2 (two) times the training duration.
- Specialized training in accordance with professional title requirements.
- Having professional capacity and qualifications, meeting the requirements of long-term use and human resource development plans of agencies and units.
- Officials sent to study under cooperation programs with foreign countries signed or joined in the name of the State of the Socialist Republic of Vietnam, in addition to the above regulation, also have to comply with the provisions of the Law on Signing, Accessing, and Implementing International Treaties and meeting other requirements of the cooperation program.
Cases in which public employees are sent for training at intermediate, college, and university levels
- Due to the rearrangement of public non-business units.
- To meet development requirements and improve the quality of human resources in specific industries.
Conditions for an assignment of training
Conditions for receiving intermediate, college, university training
Communal-level public officials and employees must be ethnic or work in mountainous communes, border communes, islands, remote and isolated areas, ethnic minorities areas and extremely disadvantaged areas, and make a commitment to perform tasks or official duties at their authorities and units after completing the training program for a period of time which is 02 times longer than the training period.
Any person sent to study under a cooperation program with a foreign country which is concluded or acceded to on behalf of the State of the Socialist Republic of Vietnam shall, in addition to satisfying the conditions specified above, satisfy other requirements of the cooperation program.
Conditions for receiving postgraduate training
A cadre or public official must satisfy the following conditions:
- He/She has worked for full 03 years or more (exclusive of the probation period) and for 02 consecutive years of successfully completing his/her tasks before the time he/she is sent to undergo training.
- He/She must not be older than 40 years from the time he/she is sent to undergo postgraduate training for the first time.
- He/She must make a commitment to perform tasks or official duties at his/her authority or unit after completing the training program for a period of time which is 02 times longer than the training period.
- His/Her major must be suitable for his/her working position.
A public employee must satisfy the following conditions:
- The probationary period has ended (if any).
- He/She must make a commitment to perform tasks or work at his/her authority or unit after completing the training program for a period of time which is 02 times longer than the training period.
- His/Her major must be suitable for his/her working position.
Any cadre, public employee or public official sent to study under a program on cooperation with a foreign country which is concluded or acceded to on behalf of the State or Government of the Socialist Republic of Vietnam shall, in addition to satisfying the conditions specified in Clauses 1 and 2 of this Article, satisfy other requirements of the cooperation program.
Regulation on sending Vietnamese public officials, public employee and cadres training overseas
Requirements for the appointment
- The country selected as the one to which cadres, public officials, and public employees are sent to must satisfy the following requirements:
- Has a modern administration system, has managerial experience in the area of study or research in which they are enrolled and which can be applied in Vietnam;
- Training and refresher training institutions provide conditions of learning and research, and teaching methodologies that are relevant to the purposes, contents, and programs of refresher training courses.
2. The organization of overseas refresher training shall ensure publicity, transparency, quality, and efficiency.
3. Sending cadres, public officials, and public employees to undergo overseas refresher training must suit the needs of authorities and units.
Conditions for receiving overseas training
- For refresher training courses with a duration of less than 01 month, cadres, public officials, and public employees must be old enough to work for at least 18 months from the beginning of the refresher training course.
- For refresher training courses with a duration of at least 01 month, cadres, public officials, and public employees must be old enough to work for at least 02 years from the beginning of the refresher training course.
- Cadres, public officials, and public employees are not being considered to face a disciplinary penalty, are not facing a disciplinary penalty or facing a disciplinary penalty that is a reprimand or heavier; are not those who have yet to be permitted for entry or exit as prescribed by law.
- Cadres, civil servants, and public employees who are sent for training must successfully complete their assigned tasks in the preceding year.
- Professional expertise of cadres, public officials, and public employees sent to undergo refresher training must be suitable for the contents of refresher training courses.
- Cadres, public officials, and public employees must be physically fit to satisfy the requirements of refresher training courses.
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Frequently asked questions
– Full name, year of birth;
– Title, position, working agency, contact phone number; E-mail address.
– Performance results and comments and assessments on the contents, programs, methods, time, and organization of the training course.
– The knowledge and experience acquired and proposed to apply in the professional work, management, and administration of the agency or unit currently working.
– Proposals and recommendations on the training of cadres, civil servants, and public employees abroad.
– Participating fully in learning according to the provisions of the program.
– Having enough tests, writing essays, theses, and projects according to the provisions of the training program. Tests, written reports, theses, and projects graded at least 5 points (graded on a 10-point scale).
– To abide by the regulations and study rules of the training and retraining institution; training and research institutions and the law provisions on fostering cadres, civil servants and public employees.
– Firstly, funds for training cadres and civil servants provided by the state budget, funding by agencies managing and employing cadres and civil servants, funding from organizations, domestic and foreign individuals according to the provisions of law.
– Secondly, funds for public employee training covered by public employees, financial sources of public non-business units, and other sources.
Conclusion: So the above is Conditions for Vietnamese Civil servant to be sent for training. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
